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Did some damage to the rim of my car yesterday.
Does anyone know, is the City responsible for pothole damage under egregious conditions?
I've been told both yes, and no.
Here's how the claim reads:
CITY OF NEW HAVEN
PROPERTY DAMAGE CLAIMS INSTRUCTIONS
Pursuant to an order of the New Haven Board of Alderman dated April 7, 1993,
effective April 8, 1993, the Office of the Corporation Council has adopted the
following claims instructions for property damage claims filed against the City of New
Haven. Claims must be submitted to the City/Town Clerk pursuant to these
instructions. Thereafter, said claims will be forwarded to the Office of the
Corporation Counsel for review, approval or denial.
1. Any claimant seeking to make a property damage claim against the
City of New Haven must submit the attached “Claims Form” to:
The City/Town Clerk, Room 204, Mitchell Hall of Records, 200
Orange, New Haven, Connecticut 06510 as follows:
A. Within ninety (90) days from the date of the incident
for claims alleging property damage resulting from
the defective highway or sidewalk, and
B. Within six (6) months of the day of the incident for
all other claims alleging property damage.
2. All claim forms must be fully completed, signed, and notarized.
Failure to do may result in the denial of your claim. If a partner
question is inapplicable, claimant must indicate such inapplicability
by placing “N/A in the space provided.
3. All relevant estimates, receipts and insurance statements must be
submitted with the claim form. Failure to do so may result in denial
of your claim. Claimants who dispose of the property or have
repairs done, do so at their own risk.
4. Two (2) repair estimates and copies of any public record report
filed with relevant City departments (such as police reports) are
required for all property damage claims.
5. Claims alleging defective street conditions and claims alleging
defective City sidewalks, sewers, trees, or facilities must be
reported to relevant Cit y department (e.g., Police public Traffic,
WPCA, Parks, etc.) within twenty-four (24) hours of the incident.
Failure to file such incident may result in denial of your claim. Such
reports shall include, but are not limited to, the exact date and
approximate time of incident, a detailed description of the incident
and the location, (e.g., street name and address, nearest
intersecting street(s) and landmarks, (if any).
6. All insurance payments must be reported promptly in writing to the
Office of the Corporation Counsel. All such correspondence should
reference claimant’s name and the date of the incident. Claimant
must attach a statement of applicable coverage for the damaged
property from an insurance company. Additionally, claimant must a
letter from the insurance carrier when said carrier denies coverage
for the property damage, which is the subject of this claim. If the
damaged property is not insured, claimants must so state in the
appropriate section of the Claim Form.
7. Claimants should pursue redress in other arenas for the following
claims, as the Office of the Corporation Counsel will not review or
approve the same through the procedures established herein:
A. Claims involving personal injury;
B. Claims for trash can damage, vehicle rentals, or
damages or other losses resulting from vehicle tows;
C. Claims due to a defect on the state highway or other
property the maintenance of which, by law or
contact, is not the City’s responsibility;
D. Claims involving Acts of God (hurricane, tornadoes,
blizzards, ice storms, etc.);
E. Claims by City employees or officials losses at work,
including but not limited to, personal property or
cash lost, stolen, or damaged, except as specified
under the appropriate collective bargaining
F. Claims which are the subject of a Notice of intent to
File a Lawsuit, a Lawsuit or an Administrative
G. Claims for damage done by mobs;
H. Claims previously submitted and approved or denied
by the Office of the Corporation Counsel;
I. Claims for damage caused by sewer problems (must
be forwarded directly to the Water Pollution Control
J. Claims involving property damage caused by the
Police Department acting pursuant to a valid and
lawfully executed search warrant;
K. Claims involving property damage caused by the Fire
Department acting pursuant to its fire suppression,
fire prevention and arson investigation functions.
8. Claimants may be required to agree to a visit by a City appraiser to
determine actual monetary loss. The appraiser will report his/her findings
to the Office of the Corporation Counsel. If a claimant refuses to
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